Minnesota Criminal Defense Legal Questions

There is no requirement that a resident of a home must be present when police execute a search warrant. The warrant provides police with the authority to enter the premises and further permission is not needed.If a resident of the home is present when police execute the search warrant, police must provide the resident with a copy of the warrant and a list of the items seized during the search. If no one is home, police must leave both documents at the residence.In Minnesota, where you are from, unless the warrant specifically authorizes a night-time search, the warrant must be executed between 7:00 am and 8:00 pm.  Judges should only authorize a search to be conducted after 8:00 pm if the affidavit in support of the warrant contains facts showing a  nighttime search is necessary to prevent the loss, destruction or removal of evidence, or protect the officers conducting the search or the public.Since you arrived home at night, you might examine the warrant and list of items seized to see they include the time the search was conducted, and whether a nighttime search was authorized. Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.... Read More

The rule is that to remove a warrant, you must appear in court in person. If you are out of state, sometimes you can hire a lawyer in the state where you are charged to represent you. However, the rule doesn't change. If the lawyer practices regularly in the court in question, he may be able to get you some consideration. If you live in the state where the warrant was issued, hire an attorney who is familiar with that court and let him advise you.... Read More

There are a number of issues that can help with defending your case. First, you were not driving. The State must prove that you were driving under the influence or were driving with an alcohol content of .08 within two hours of driving. The State may have a problem with its burden of proof with respect to the within 2 hours aspect. Second, it sounds like you have a post driving consumption defense. Meaning the alcohol you consumed after driving put you over the legal limit. Police only need probably cause to arrest on suspicion of DWI. They need even less, reasonable suspicion to request you take a portable breathalyzer. So yes, someone's word can be used against you as far a been charged, but to be convicted, that person would have to testify in Court. Hope this helps.... Read More

Pretty vague, but I suspect it's a no proof of insurance. If you have a warrant you have a problem, either turn yourself in or high an attorney and they may be able to worn with the prosecutor to wrap the whole thing up without the need to sit in jail while the court figures out the problem.... Read More

By now, I assume they have sent the civil demand.  My guess would be that it requested the $18 plus, I think $50, as provided for in Minn State 604.14.  There is not a lot you can do to control what happens next.  If there is a prosecution, spend the money on a good lawyer.  It would seem unlikely they would prosecute if you pay right away, but who can predict.... Read More

If I understand this correctly, your friend's lawyer advised him to plead guilty and in the middle of the trial the defendant fled? He was offered a deal, but refused it? This isn't abuse of discretion that's what Prosecutors do. They offer you a deal that is better than what you could expect if found guilty. Rarely, VERY rarely do they outright dismiss a case. If your friend didn't like the plea bargain then he has the right to a jury trial. But fleeing during the middle of a jury trial pretty much ends any discussion of abuse of power and any discussion of the innocence of the defendant. Have your friend turn himself in, work with his Public Defender and see what can be done. Good luck.... Read More

Well, the bad news is that saying court won't work for your schedule is rarely a good idea. This is a common mistake, people tend to treat a court hearing like a dentist appointment or a meeting with a tax planner. But a court hearing is different, you are looking at possibly jail, loss of liberty and a fine, it's rare you can just reschedule it to a more convenient time. Unfortunately, you made the very common mistake of doing a straight plea without talking to a lawyer (which is always amazing to me because there are thousands of us in Minnesota who do free consultations! Just call one of us!). Long story short, unless you hire a lawyer, try and withdraw the plea and then either go to trial and win or enter into a diversion type agreement, you're out of luck with your license.... Read More

A bit of a vague question, but if I understand this correctly a person stole your guitars for payment and the police won't do anything? This sounds like a perfect case for conciliation court (small claims court). Go to your court administrator and get the forms it's pretty self-explanatory.... Read More